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Copyrights Intellectual Property Litigation Social Media

Fair Use of Embedded Content on Social Media

The change in character of social media, from purely social communication to a mixture of the social and commercial, has had knock-on effects for courts applying traditional legal principles, notably, the application of copyright law.


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The early Internet was created to facilitate the robust sharing of information among the research institutions and military facilities that were its first nodes. As the network grew, it retained that character and became the foundation for new ways to access and share information — including what we now know as the Web and various social media services. Almost all these services were designed around an ethos of making content as widely and easily accessible as possible, and in the social media world, an entire sharing economy arose, with its own “currency” — engagement (itself based on sharing and reposting).

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